wharfage, or fares levied and collected, or proposed to be levied and collected, by individuals, companies, or corporations, for the use of highways, landings, wharves, bridges, and ferries devoted to public use, has never been and shall never be relinquished or abandoned by the state, but shall always be under legislative control and depend upon legislative authority. § 4. The first legislature assembled after the adoption of this constitution shall provide a mode of procedure by the attorney general and district or county attorneys, in the name and behalf of the state, to prevent and punish the demanding and receiving or collection of any and all charges as freight, wharfage, fares, or tolls, for the use of property devoted to the public, unless the same shall have been specially authorized by law. § 5. All laws granting the right to demand and collect freights, fares, tolls, or wharfage, shall at all times be subject to amendment, modification, or repeal by the legislature. § 6. No corporation shall issue stock or bonds except for money paid, labor done, or property actually received, and all fictitious increase of stock or indebtedness shall be void. § 7. Nothing in this article shall be construed to devest or affect rights guaranteed by any existing grant or statute of this state or of the republic of Texas.2 § 38. Washington Constitution-(a) Distribution `of Powers of Government.-The present constitution recognizes without a distinct apportionment, the division of the government into the legislative depart29 Tex. Const. 1876, art. XII. ment (article II), the executive department (article III), and the judicial department (article IV).30 § 39. (b) Corporation Control.-§ 13. All railroads, canals, and other transportation companies are declared to be common carriers and subject to legislative control. . . § 14. No railroad company or other common carrier shall combine or make any contract with the owner of any vessel that leaves port or makes port within this state, or with any common carrier, by which combination or contract the earnings of one doing the carrying are to be shared by the other not doing the carrying. § 15. No discrimination in charge or facilities for transportation shall be made by any railroad or other transportation company between places or persons or in the facilities for the transportation of the same classes of freight or passengers within this state, or coming from or going to another state. Persons and property transported over any railroad or by any other transportation company, or individual, shall be delivered at any station, landing or port at charges not exceeding the charges for the transportation of persons and property of the same class, in the same direction, to any more distant station, port or landing. Excursion and commutation tickets may be issued at special rates. § 18. The legislature shall pass laws establishing reasonable maximum rates of charge for the transportation of passengers and freight, and to correct abuses and to prevent discrimination and extortion in the rates of freight and passenger tariffs on the different railroads and other common carriers, in the state, and shall enforce such laws by adequate penal 30 Wash. Const. 1889. ties. A railroad and transportation commission may be established, and its powers and duties fully defined by law. § 20. No railroad or other transportation company shall grant free passes, or sell tickets or passes at a discount, other than as sold to the public generally, to any member of the legislature, or to any person holding any public office within this state. The legis lature shall pass laws to carry this provision into effect. § 21. Railroad companies, now or hereafter organized or doing business in this state shall allow all express companies organized or doing business in this state transportation over all lines of railroad, owned or operated by such companies upon equal terms with any other express company; and no railroad corporation organized or doing business in this state shall allow any express corporation or company any facilities, privileges, or rates for transportation of men or materials or property carried by them, or for doing the business of such express companies, not allowed to all express companies. § 22. Monopolies and trusts shall never be allowed in this state, and no incorporated company, copartnership, or association of persons in this state shall directly or indirectly combine or make any contract with any other company, foreign or domestic, through their stockholders or the trustees, or assignees of such stockholders, or with any copartnership or association of persons, or in any manner whatever for the purpose of fixing the price or limiting the production or regulating the transportation of any product or commodity. The legislature shall pass laws for the enforcement of this section by adequate penalties and in case of incorporated companies, if necessary for that purpose, may declare a forfeiture of the franchises.31 § 40. Wisconsin Constitution - (a) Distribution of Powers of Government.-Divisions of power not specifically made, but the common divisions into legislative, executive and judicial is recognized in articles IV, V and VII; the administrative being coupled with the executive, article VI." § 41. (b) Corporation Control.-There is no provision in the constitution relative to the control of railroads and other public utilities. 81 Wash. Const. 1889, art. XII. 82 Wis. Const. 1848. CHAPTER III. CONSTITUTIONALITY OF ACT. 8 44. § 45. § 46. § 47. § 48. § 49. § 50. § 51. § 52. § 53. Commission Acts-Alabama. § 54. § 42. Introductory. § 43. The California Public Utilities Act. Functions and Powers of Commission. Legislative Powers. Charter Rights of Corporations. Delegation of Powers by Legislature-Generally. Want of Constitutional Provision. Authority to Delegate as to Acts not Legislative. Discretionary Powers cannot be Delegated. Quasi-judicial Tribunal. Illinois. § 42. Introductory.-It is not the purpose or object of this chapter to give an exhaustive consideration |